This is an example for an argument against Phones2udirect, similar arguments could
be used against other dealers but you would have to make sure they are appropriate to their terms and conditions.
If your terms and conditions are the old ones:
Phones2udirect terms and conditions were so strict that with a 21/14 day limit from the date of the invoice and considering that they only notify you that there is
missing information 45 days later, it is impossible for the customer to rectify the situation. You can also cite the
cases of :
GRAHAM v phones2udirect
- 6th August 2007 in Tunbridge
Wells County Court and Feltham v Phones2udirect, in Chelmsford County Court, 14th November 2007 where Phones2udirect T&C were declared
unlawful, as that part of Phones 2U Direct's Terms And Conditions are in breach of The Unfair Terms
In Consumer Contracts Regulations 1999, since it has not been individually negotiated and contrary to the requirement of good
faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment
of the consumer.
Furthermore, in July 2007, OFCOM
published new regulations where some of the terms and conditions of Phones2udirect are considered unreasonable. As a result
of this, Phones2udirect have had to change their terms and conditions. These new
and fairer terms and conditions but they are still trying to inforce their old unfair T&C to those people who took their
contract with them before the new T&C came into place.
